People ex rel. Kinnard v. Strack

Appellate Division of the Supreme Court of New York

People ex rel. Kinnard v. Strack

287 A.D.2d 664, 731 N.Y.S.2d 867, 2001 N.Y. App. Div. LEXIS 9830

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 22, 2001

StatusPublished

Cited by1 cases

This text of 287 A.D.2d 664 (People ex rel. Kinnard v. Strack) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Kinnard v. Strack, 287 A.D.2d 664, 731 N.Y.S.2d 867, 2001 N.Y. App. Div. LEXIS 9830 (N.Y. Ct. App. 2001).

Pincite

Opinion

—In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Marlow, J.), dated August 10, 1999, which denied the petition and dismissed the proceeding.

[665]*665Ordered that the appeal is dismissed as academic, without costs or disbursements.

While the instant appeal was pending, the petitioner was released from Auburn Correctional Facility. Accordingly, the petitioner’s habeas corpus proceeding challenging the legality of his detention must be dismissed as academic (see, People ex rel. DeFlumer v Strack, 85 NY2d 966; People ex rel. Alexander S. v Bennett, 251 AD2d 690; People ex rel. Jose S. v Bennett, 251 AD2d 689). In view of this determination, appellate counsel’s application to be relieved as counsel, on the ground that there are no nonfrivolous issues which can be raised on appeal (see, Anders v California, 386 US 738), is denied as academic. Santucci, J. P., S. Miller, Friedmann and Cozier, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Marlow, J.), dated August 10, 1999, which denied the petition and dismissed the proceeding.

[665]*665Ordered that the appeal is dismissed as academic, without costs or disbursements.

While the instant appeal was pending, the petitioner was released from Auburn Correctional Facility. Accordingly, the petitioner’s habeas corpus proceeding challenging the legality of his detention must be dismissed as academic (see, People ex rel. DeFlumer v Strack, 85 NY2d 966; People ex rel. Alexander S. v Bennett, 251 AD2d 690; People ex rel. Jose S. v Bennett, 251 AD2d 689). In view of this determination, appellate counsel’s application to be relieved as counsel, on the ground that there are no nonfrivolous issues which can be raised on appeal (see, Anders v California, 386 US 738), is denied as academic. Santucci, J. P., S. Miller, Friedmann and Cozier, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

287 A.D.2d 664, 731 N.Y.S.2d 867, 2001 N.Y. App. Div. LEXIS 9830, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-kinnard-v-strack-nyappdiv-2001.

Opinion

Related

Cite This Page — Counsel Stack